Search | Punch and Jurists

U.S. v. Holley, No. 15-40360 (5th Cir.) (831 F.3d 322) (July 27, 2016) (Judge Patrick E. Higginbotham)

Article • November 21, 2016 • from P&J November, 2016

Filed under: Punch And Jurists, Illegal Search

U.S. v. Holley, No. 15-40360 (5th Cir.) (831 F.3d 322) (July 27, 2016) (Judge Patrick E. Higginbotham) by In 2014, a Texas jury convicted James Holley of three crimes: conspiracy to commit a drug trafficking crime, being a felon in possession of a firearm, and possession of a firearm in …

U.S. v. Duenas, No. 09-10492 (9th Cir.) (691 F.3d 1070) (August 16, 2012) (Judge Kim McLane Wardlaw)

Article • December 24, 2012 • from P&J December, 2012

Filed under: Punch And Jurists, Exclusionary Rule

U.S. v. Duenas, No. 09-10492 (9th Cir.) (691 F.3d 1070) (August 16, 2012) (Judge Kim McLane Wardlaw) by This decision recalls some of the many great “Perp-Walk” decisions of the past, where courageous judges have sometimes taken strong stands against the odious and outrageous (but frequently repeated) practice of prosecutors …

U.S. v. Voustianiouk, No. 10-4420 (2nd Cir.) (685 F.3d 206) (July 12, 2012) (Judge Rosemary S. Pooler)

Article • December 1, 2012

Filed under: Punch And Jurists, Exclusionary Rule

U.S. v. Voustianiouk, No. 10-4420 (2nd Cir.) (685 F.3d 206) (July 12, 2012) (Judge Rosemary S. Pooler) by Sentence and conviction for possession and receipt of child pornography are reversed and the matter remanded for further proceedings where: 1) evidence against defendant was seized as a result of a search …

U.S. v. Julius, No. 08-4267-cr (2nd Cir.) (610 F.3d 60) (June 11, 2010) (Judge Rosemary S. Pooler)

Article • August 1, 2010

Filed under: Punch And Jurists, Exclusionary Rule

U.S. v. Julius, No. 08-4267-cr (2nd Cir.) (610 F.3d 60) (June 11, 2010) (Judge Rosemary S. Pooler) by In the government's appeal from the district court's order holding that a firearm seized during the arrest of defendant must be excluded from evidence because it was obtained as a result of …

U.S. v. Leon, No. 82-1771 (U.S. Supreme Court) (468 U.S. 897; 104 S.Ct. 3405) (July 5, 1984) (Justice White)

Article • January 28, 2009

Filed under: Punch And Jurists, Exclusionary Rule

U.S. v. Leon, No. 82-1771 (U.S. Supreme Court) (468 U.S. 897; 104 S.Ct. 3405) (July 5, 1984) (Justice White) by In this case the Court modified the exclusionary rule so as not to bar from admission evidence obtained by officers that was "seized in reasonable, good-faith reliance on a search …

Hudson v. Michigan, No. 04-1360 (U.S. Supreme Court) (547 U.S. 586; 126 S.Ct. 2159) (June 15, 2006) (Justice Scalia)

Article • May 1, 2006 • from P&J May, 2006

Filed under: Punch And Jurists, Exclusionary Rule

Hudson v. Michigan, No. 04-1360 (U.S. Supreme Court) (547 U.S. 586; 126 S.Ct. 2159) (June 15, 2006) (Justice Scalia) by In this case, a sharply divided Supreme Court held that evidence seized by police officers in violation of the venerable “knock-and-announce” rule can be used at trial despite the constitutional …

Arizona v. Evans, No. 93-1660 (U.S. Supreme Court) (514 U.S. 1; 115 S.Ct. 1185) (March 1, 1995) (Justice Rehnquist)

Article • October 9, 2005

Filed under: Punch And Jurists, Exclusionary Rule

Arizona v. Evans, No. 93-1660 (U.S. Supreme Court) (514 U.S. 1; 115 S.Ct. 1185) (March 1, 1995) (Justice Rehnquist) by This case established an exception to the exclusionary rule where law enforcement officers rely on police records that contain erroneous information resulting from clerical errors of court employees. In this …

Mapp v. Ohio, No. 236 (U.S. Supreme Court) (367 U.S. 643; 81 S.Ct. 1684) (June 19, 2061) (Justice Clark)

Article • August 27, 2005

Filed under: Punch And Jurists, Exclusionary Rule

Mapp v. Ohio, No. 236 (U.S. Supreme Court) (367 U.S. 643; 81 S.Ct. 1684) (June 19, 2061) (Justice Clark) by Here the Supreme Court extended the application of the exclusionary rule to State prosecutions. In Weeks v. U.S., 232 U.S. 383 (1914), the Court first articulated the exclusionary rule under …

Nardone v. U.S., No. 240 (U.S. Supreme Court) (308 U.S. 338; 60 S.Ct. 266) (December 11, 2039) (Justice Frankfurter)

Article • March 3, 2004

Filed under: Punch And Jurists, Attenuation Doctrine

Nardone v. U.S., No. 240 (U.S. Supreme Court) (308 U.S. 338; 60 S.Ct. 266) (December 11, 2039) (Justice Frankfurter) by In this case the Court emphasized that "the exclusionary rule reaches not only primary evidence obtained as a direct result of an illegal search or seizure, but also evidence later …

U.S. v. Ceccolini, No. 76-1151 (U.S. Supreme Court) (435 U.S. 268; 98 S.Ct. 1054) (March 21, 1978) (Justice Rehnquist)

Article • November 25, 2003

Filed under: Punch And Jurists, Attenuation Doctrine

U.S. v. Ceccolini, No. 76-1151 (U.S. Supreme Court) (435 U.S. 268; 98 S.Ct. 1054) (March 21, 1978) (Justice Rehnquist) by In late 1973, the FBI was investigating suspected gambling operations in North Tarrytown, New York. The defendant's flower shop was one of the places under surveillance. One year after the …

U.S. v. Akridge, No. 02-6294 (6th Cir.) (346 F.3d 618) (October 2, 2003) (Judge David A. Katz)

Article • November 1, 2003 • from P&J November, 2003

Filed under: Punch And Jurists, Attenuation Doctrine

U.S. v. Akridge, No. 02-6294 (6th Cir.) (346 F.3d 618) (October 2, 2003) (Judge David A. Katz) by This decision is noted for its detailed analysis of the “attenuation doctrine” - a judicially created exception to the Fourth Amendment’s exclusionary rule under which the courts justify the use of tainted …

U.S. v. Calandra, No. 72-734 (U.S. Supreme Court) (414 U.S. 338; 94 S.Ct. 613) (January 8, 1974) (Justice Powell)

Article • October 17, 2003

Filed under: Punch And Jurists, Exclusionary Rule

U.S. v. Calandra, No. 72-734 (U.S. Supreme Court) (414 U.S. 338; 94 S.Ct. 613) (January 8, 1974) (Justice Powell) by The issue presented in this case was whether a witness, summoned to appear and testify before a grand jury, may refuse to answer questions on the ground that they are …

U.S. v. Lopez-Arias, No. 02-5154 (6th Cir.) (344 F.3d 623) (September 19, 2003) (Judge Julia Smith Gibbons)

Article • September 1, 2003 • from P&J September, 2003

Filed under: Punch And Jurists, Exclusionary Rule

U.S. v. Lopez-Arias, No. 02-5154 (6th Cir.) (344 F.3d 623) (September 19, 2003) (Judge Julia Smith Gibbons) by Here the Court affirmed a suppression order, holding that the seizure in question was an arrest without probable cause, not an investigatory detention, and as such suppression of the evidence seized was …

U.S. v. Acosta, No. 01-2224 (1st Cir.) (303 F.3d 78) (August 30, 2002) (Judge Hugh H. Bownes)

Article • August 1, 2002 • from P&J August, 2002

Filed under: Punch And Jurists, Exclusionary Rule

U.S. v. Acosta, No. 01-2224 (1st Cir.) (303 F.3d 78) (August 30, 2002) (Judge Hugh H. Bownes) by The Court held that the exclusionary rule does not bar the use of evidence seized in violation of a defendant's 4th Amendment rights at sentencing; but left open the question whether such …

Weeks v. U.S., No. 461 (U.S. Supreme Court) (232 U.S. 383; 34 S.Ct. 341) (February 24, 2014) (Justice Day)

Article • February 24, 2002

Filed under: Punch And Jurists, Exclusionary Rule

Weeks v. U.S., No. 461 (U.S. Supreme Court) (232 U.S. 383; 34 S.Ct. 341) (February 24, 2014) (Justice Day) by Here the Supreme Court articulated, for the first time, the so-called "exclusionary rule" - under which evidence that is secured through an illegal search and seizure is barred from use …

U.S. v. Hendrickson, No. 99-12088 (11th Cir.) (234 F.3d 494) (November 29, 2000) (Judge James Larry Edmondson)

Article • January 1, 2001 • from P&J January, 2001

Filed under: Punch And Jurists, Exclusionary Rule

U.S. v. Hendrickson, No. 99-12088 (11th Cir.) (234 F.3d 494) (November 29, 2000) (Judge James Larry Edmondson) by In this case, the police allowed a television reporter into a suspect's home while they carried out a search of her home. She moved to suppress the evidence seized, arguing that the …

Walder v. U.S., No. 121 (U.S. Supreme Court) (347 U.S. 62; 74 S.Ct. 354) (February 1, 2054) (Justice Frankfurter)

Article • August 17, 2000

Filed under: Punch And Jurists, Exclusionary Rule

Walder v. U.S., No. 121 (U.S. Supreme Court) (347 U.S. 62; 74 S.Ct. 354) (February 1, 2054) (Justice Frankfurter) by "In this drug case, the Court faced the issue of whether the exclusionary rule to the Fourth Amendment (first announced in Weeks v. U.S., 232 U.S. 383 (1914) and which …

U.S. v. Brimah, No. 99-2927 (7th Cir.) (214 F.3d 854) (May 26, 2000) (Judge Joel L. Flaum)

Article • July 1, 2000 • from P&J July, 2000

Filed under: Punch And Jurists, Exclusionary Rule

U.S. v. Brimah, No. 99-2927 (7th Cir.) (214 F.3d 854) (May 26, 2000) (Judge Joel L. Flaum) by Here the 7hh Circuit rejected a challenge to the use of illegally seized evidence at sentencing - a rule followed by most Circuits; but the panel expressly left open the question of …

U.S. v. Haynes, No. 98-30221 (9th Cir.) (216 F.3d 789) (June 16, 2000) (Judge M. Margaret McKeown)

Article • July 1, 2000 • from P&J July, 2000

Filed under: Punch And Jurists, Exclusionary Rule

U.S. v. Haynes, No. 98-30221 (9th Cir.) (216 F.3d 789) (June 16, 2000) (Judge M. Margaret McKeown) by Both this case and the Seventh Circuit's decision in U.S. v. Brimah, 214 F.3d 854 (7th Cir. 2000) give a detailed review of some of the issues related to the application of …

Massachusetts v. Sheppard, No. 82-963 (U.S. Supreme Court) (468 U.S. 981; 104 S.Ct. 3424) (July 5, 1984) (Justice White)

Article • June 11, 2000

Filed under: Punch And Jurists, Exclusionary Rule

Massachusetts v. Sheppard, No. 82-963 (U.S. Supreme Court) (468 U.S. 981; 104 S.Ct. 3424) (July 5, 1984) (Justice White) by This case involved the application of the rules articulated by the Supreme Court in United States v Leon, 486 U.S. 897 (1984) (which was decided the same day) and dealt …